Sadly, suspicions or allegations of abuse sometimes arise in Washington custody cases. Although there may be circumstances where a party makes an allegation in an attempt to affect the custody case, some parents have sincere concerns about their children. A father recently challenged an order that he pay the mother’s…
Articles Posted in Family Law
Washington Appeals Court Enforces Arbitration Provision in Divorce Agreement
When a couple reaches an agreement regarding their divorce, it is not uncommon to agree that any disputes regarding the agreement are subject to arbitration. Generally, Washington law favors arbitration. In a recent case, however, a husband challenged a court’s decision not to refer a matter to arbitration. The couple…
No Joint Decision-Making in Washington Parenting Plan When Parent Has History of Domestic Violence
Courts handling Washington child custody cases should base their determinations regarding parental responsibilities on the best interests of the child. The court has broad discretion in determining the parenting plan. However, the court must place restrictions on a parent’s decision-making if it finds he or she has a history of…
Washington Court Finds Decision Not to Retire Is Substantial Change Supporting Modification of Spousal Maintenance
Once a Washington divorce decree is issued, a maintenance award can only be modified by the court when the party seeking the modification shows a substantial change in circumstances. A fact unknown to the trial court or an unanticipated fact that arises after the decree is entered may constitute a…
Restrictions on Child Visitation in Washington
Washington child custody rules do not favor modifying parenting plans to decrease visitation. A court may, however, modify a parenting plan if it finds, based on information that occurred after the decree or that was unknown to the court at the time, that there has been a substantial change that…
Washington Courts May Not Base Custody on Sexual Orientation
Courts should remain impartial regarding religious beliefs and sexual orientation when considering custody arrangements and parenting plans. When a court relies on and adopts the opinions and recommendations of witnesses who express biases based on these issues, the entire parenting plan may be called into question. Such was the situation…
5 Common Child Support Myths in Washington State
Myth 1: You don’t have to pay child support if you have a 50/50 parenting plan. Fact: While it is true that in some cases with 50/50 parenting plans there will be no transfer payment of child support from one parent to the other, in many 50/50 cases, especially those…
Washington Family Law Forms Will Be Changing – May 1, 2016
Washington family law clients and attorneys alike should know that there are changes coming to the Washington State Family Law Forms. The revised forms will become required on May 1, 2016, but they are available now on the Washington Courts Website for review and preparation for adoption. The forms are…
Issues that May Arise in Dissolution of Marriage When One Spouse Owns a Business
Dissolving a marriage can be difficult even in relatively simple, straight-forward circumstances. Things can become much more difficult in divorces that involve a business owned by one or both spouses. The end of a marriage can also mean the end of the business. Ending the business is not always in…
Summer Schedule Notice Requirements in Parenting Plans
For many families the spring is an exciting time. During spring, the weather gets warmer, the flowers bloom, the baseball season begins, and families plan for their summer vacations. For families whose children’s residential time is split between two unmarried parents, it is also often a time that the parenting…